MAHIPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals are preferred to question correctness of the judgment dated 03.03.1983 passed by learned Additional Sessions Judge (Special Court - Anti Dacoity), Etah in Sessions Trial No. 13 of 1982. By the judgment impugned, learned trial Court recorded conviction of accused Chandrapal, Mahipal S/o Ram Narain, Mahipal S/o Chob Singh and Sobha for commission of offence punishable under Section 396 Indian Penal Code and sentenced them to undergo imprisonment for life term.

(2.) The prosecution story as unfolded before us is that on 18.01.1982, a first information report was lodged at Police Station Awagarh at the instance of Ram Chandra S/o Chudamani Brahman relating to commission of offence punishable under Section 396 Indian Penal Code. As per the averments contained in the first ifnormation report, Raghuvir (nephew of the informant) was sleeping on the roof of the house and a single barrel gun was lying at his head side on the cot. In midnight, 10-12 miscreants armed with gun and country-made pistols entered in the house and got hold of Raghuvir. At that time, Chandrapal and Mahipal S/o Ram Narain Brahman exhorted to shoot Raghuvir. The miscreants then pushed Raghuvir down in a small hut and caused a gun shot at him. The miscreants then got hold of Jai Prasad (other nephew of informant) and killed him too. Before killing Jai Prasad, Satyendra, Kas Devi, Sudha, Gijee, Sneh and the informant himself begged for life of deceased persons, but of no consequence. As per the first informant, accused persons had enmity with his family especially with the nephews. An allegation was also made about taking of the gun and certain other articles of Raghuvir by the accused persons.

(3.) The Investigating Agency during the course of investigation got the autopsy on corpus of both the deceased persons conducted. After completing the investigation, a police report was filed and, on basis of that, charge was framed against the accused persons for commission of offence under Section 396 Indian Penal Code and in alternative commission of offence under Section 302 read with 149 and 148 Indian Penal Code . The charge was read over and explained to the accused persons and, on denial of the same, trial commenced as desired.